ANDREW REPRESENTS CLIENTS IN ERISA FIDUCIARY AND TAX LITIGATION MATTERS.
Andrew is a Partner in the Trial Department. He has extensive experience as lead counsel defending fiduciaries, sponsors, and insurers in ERISA fiduciary class actions, including cases involving company stock, 401(k) plan fees, defined benefit plans, pension age discrimination claims, Taft-Hartley pension plans, prohibited transaction claims, claims for plan benefits, executive compensation claims, and other fiduciary and plan investment matters.
Andrew also represents clients in complex tax litigation in federal and state courts, in administrative proceedings, and in pre-litigation settlement discussions. He has litigated multimillion dollar tax cases involving (among other things) state health care taxes and assessments and disputes with the Internal Revenue Service regarding personal and corporate tax matters.
An experienced litigator, Andrew has handled dozens of jury and court trials, arbitrations, regulatory matters, and other evidentiary hearings. In addition to his primary work as defense counsel, he has also litigated various multi-million dollar plaintiffs’ actions to successful trial judgment or settlement.
Education & Admissions
University of Minnesota Law School (J.D., 2000), magna cum laude, Order of the Coif
Minnesota Law Review, 1998-2000
Minnesota Intellectual Property Review, Senior Editor 1999-2000
St. John's University (Minnesota) (B.A., Psychology, 1994), All College Honors
Departmental Distinction in Psychology
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Courts for the Districts of Minnesota, North Dakota, and Northern District of Florida
- U.S. Tax Court
- U.S. Court of Appeals for the Eighth Circuit, Chief Judge Donald Lay, 2000-2001
- Represented Essentia Health in putative class action alleging mismanagement of ERISA 401(k) and 403(b) plans. Mark Morin, et al. v. Essentia Health, et al., No. 16-cv-04397, 2017 U.S. Dist. Minnesota.
- Currently lead counsel representing $3 billion hospital system in multi-million dollar tax dispute alleging tax overcharges by state agencies. In the Matter of the Medical Care Surcharges of Fairview Health Service, OAH 5-1800-33206.
- Currently representing client in multi-million dollar case in United States Tax Court involving proper characterization of payments made under a divorce decree. Andrew Redleaf et. al. v. Commissioner of Internal Revenue, Dkt No. 10526-16 (U.S. Tax Court).
- Currently representing client in United States Tax Court case involving the deduction of theft losses sustained as a result of the Petters’ ponzi scheme. Frank E. Vennes Jr. and Kimberly Vennes vs. Commissioner, Dkt. No. 23-860-17 (U.S. Tax Court).
- Currently lead trial counsel representing union in $50 million pension plan claim in complex pension dispute involving anti-cutback rules.
- Co-lead counsel representing pharmacy benefits manager in claims for benefits, prohibited transactions, and breaches of fiduciary duty based upon alleged fiduciary breaches, disloyalty, and prohibited transactions in receipt of “spread” from pharmacies. In Re UnitedHealth Group PBM Litigation, No. 16-cv-3352, 2016 U.S. Dist. Minnesota; and In Re Cigna Corporation PBM Litigation, No. 16-cv-1702, 2016 U.S. Dist. Connecticut.
- Currently representing Wells Fargo in putative class action involving allegations that plan fiduciaries mismanaged the $35 billion 401(k) plan. Achieved dismissal on Rule 12 motion in a ruling described as a “rare and arguably unprecedented victory for a financial industry that’s been battered by lawsuits over the in-house mutual funds in their 401(k) plans.” Meiners v. Wells Fargo & Co., No. 16-3981, 2017 U.S. Dist. LEXIS 80606 (D. Minn. May 25, 2017).
- Currently representing U.S. Bancorp and its officers and directors in putative class action on behalf of defined benefit plan seeking $1.1 billion in losses that allegedly resulted from imprudent investment strategy and use of affiliated funds. Obtained dismissal of claims for lack of Article III constitutional standing. Adedipe v. U.S. Bank, Nat’l Ass’n, 62 F. Supp. 3d 879 (D. Minn. 2014), 2015 U.S. Dist. Lexis 178380, 61 Employee Benefits Cas. (BNA) 1067 (D. Minn. December 29, 2015).
- Currently representing UnitedHealth Group and 250+ health plans in various ERISA claims brought by medical providers seeking $70 million for weight reduction services. Almont Ambulatory Care Center v. UnitedHealth Group, Inc., 99 F. Supp.3d 1110 (C.D. Cal. 2015); 2016 WL 2851298 (C.D. Cal. May 13, 2016). Also representing UnitedHealth Group in counterclaim to recover overpayment made due to fraud and waiver of copays. 121 F. Supp.3d 950 (C.D. Cal. 2015); 2015 U.S. Dist. LEXIS 183363, 183364, 183365 (C.D. Cal. Oct. 23, 2015).
- Represented employers, directors, and officers in various other ERISA pension class action breach of fiduciary lawsuits. E.g., Gipson v. Wells Fargo Company, 563 F. Supp. 2d 149 (D.D.C. 2008); Hastings v. Gary Wilson, 516 F.3d 1055 (8th Cir. 2008); Northwest Airlines, Inc. v. Filipas et al., 2008 WL 1773756 (D. Minn. April 15, 2008); In re ADC Telecommunications ERISA Litigation, 2005 WL 2250782 (D. Minn. Sept. 15, 2005); Mitchell-White v. Northwest Airlines and Delta Air Lines, 2011 WL 671630 (S.D.N.Y. Feb. 24, 2011).
- Represented administrators of group health plans in various ERISA putative class actions seeking plan benefits, alleging fiduciary breaches, and claiming violations of state and federal insurance law mandates. E.g.,New York State Psychiatric Association v. UnitedHealth Group, 2013 WL 5878897 (S.D.N.Y. October 31, 2013) rev’d in part and aff’d in part, 798 F.3d 125 (2nd Cir.), cert denied, 136 S. Ct 317 (2015); Larson v. United HealthCare Ins. Co., 723 F.3d 905 (7th Cir. 2013).
- Represented Northwest Airlines at trial against $200+ million environmental claims stemming from airplane noise at Minneapolis-St. Paul Airport. See City of Minneapolis, et. al. v. Metropolitan Airports Commission, et. al., Civ. No. 05-5474 (Henn. Cty. Dist. Ct. 2005).
- Represented various clients in executive compensation lawsuits. See Dr. James Loften v. Michael Ray, et al., Civ. No. 09-2152 (U.S.D.C., Minn. 2010) (filed 8/19/09); Duncanson v. Northwire, Inc., Civ. No. 10-CV-2300 (U.S.D.C. Minn.) (filed June 9, 2010); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007).
- Represented employers in dozens of claims for ERISA benefits under benefit plans including, Johnson v. U.S. Bancorp, 424 F.3d 734 (8th Cir. 2004); Anderson v. U.S. Bancorp, 484 F.3d 1027 (8th Cir. 2007); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007); Kauppinen v. Aid Association for Lutheran Agents' Income Protection Plan et. al., Civ. No. 06-3111 (D. Minn. 2006); Clark v. General Mills Retirement Plan, Civ. No. 06-3111 (D. Minn. 2006); Jenkins v. UHG, Civ. No. 3:06-7070 (W.D. Ohio 2006); Yager v. UHG, Civ. No. 3:06-704 (W.D. Ohio 2006); Dylla v. Aetna Life Ins. Co., Civ. No. 07-3203 (D. Minn. 2007); Mercek v. Northwest Airlines, et. al., 07-60990 (S.D. Fla. 2007); Ann B. Young v. Thrivent Financial, Civ. No. 07-2312 (D. Minn. 2007).
- Represented various battered spouses in order-for-protection hearings, achieving successful results following evidentiary hearings.
News & Resources
News & Press Mentions
Events & Speaking Engagements
- Speaker, Debriefing: The Supreme Court Arguments on Health Care Reform, Dorsey U, July 2012
- Speaker, ERISA for Investment Professionals, Dorsey U, May 22, 2012
- Speaker, Antitrust Enforcement in the Health Care Industry: Current FTC and DOJ Activities, Practicing Law Institute, Wednesday, June 13, 2012
- Speaker, Recent Trends in FTC/DOJ Enforcement in Heath Care Antitrust Issues, Minnesota State Bar Association, Healthcare section, December, 2011
- Speaker, Compensation & Benefits Boot Camp for Labor & Employment Practitioners, American Conference Institute, Philadelphia, PA, January 24-25, 2011
- Speaker, Benefits and ERISA Litigation: 2010 in Review and What’s Ahead in 2011, Dorsey U, January 12, 2011
Industries & Practices
- Antitrust & Competition Law
- Banking & Financial Institutions
- Benefits & Compensation
- Class Action Litigation
- Commercial Litigation
- ERISA Litigation
- Health Litigation
- Insurance Law
- Securities & Financial Services Litigation & Enforcement
- Tax Controversy & Litigation
Professional & Civic
- Co-Chairperson, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Specialized Retirement Income Plans (2012-13)
- Member, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Fiduciary Responsibility (2007-2011)
- Member, Minnesota State Bar Association, Antitrust and Healthcare Sections
- Member, ESOP Association
- Member, American Health Lawyers Association